COMMENT DUE DATE:
February 15, 2018
DATE:
January 16, 2018
Dawn Leemon, Office of Client Advocacy 405-522-2877
Dena Thayer, Programs Administrator 405-521-4326
Nancy Kelly, Policy Specialist 405-522-6703
RE:
APA WF 18-2A
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is permanent.
A public hearing is scheduled for 10:00 a.m. on February 21, 2018, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.
SUBJECT:
CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 3. Office of Client Advocacy
Part 3. Investigations
340:2-3-34 [AMENDED]
340:2-3-36 [AMENDED]
Part 9. Advocacy Programs
340:2-3-71 through 340:2-3-73 [AMENDED]
340:2-3-74 [REVOKED]
340:2-3-75 [AMENDED]
(Reference WF 18-11)
SUMMARY:
The proposed amendments to Chapter 2, Subchapter 3 amend the rules to:(1) clarify language regarding evidence; (2) update citations; (3) revoke a Section and move the language to another Section; and (4) delete duplicative language.
Subchapter 3. Office of Client Advocacy
Part 3. Investigations
Oklahoma Administrative Code (OAC) 340:2-3-34 is amended to add new language.
OAC 340:2-3-36 is amended to update language.
Part 9. Advocacy Programs
OAC 340:2-3-71 is amended to:(1) update citations; (2) add new language; and (3) delete duplicative language.
OAC 340:2-3-72 and 340:2-3-73 are amended to:(1) add new language; and (2) delete duplicative language.
OAC 340:2-3-74 is revoked to delete duplicative language and move the language to 340:2-3-73.
OAC 340:2-3-75 is amended to add new language.
LEGAL AUTHORITY:Director of Human Services; O.S. 56 § 162; 10A O.S. § 162; 10A O.S. §§ 1-1-101 et seq.; 43A O.S. §§ 10-102 et seq.; and Section 5101 et seq. of Title 42 of the United States Code.
Rule Impact Statement
To:Programs Administrator
Legal Services – Policy
From:Angela Burleigh, Program Administrator
Date:December 13, 2017
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 3. Office of Client Advocacy
Part 3. Investigations
340:2-3-34 [AMENDED]
340:2-3-36 [AMENDED]
Part 9. Advocacy Programs
340:2-3-71 through 340:2-3-73 [AMENDED]
340:2-3-74 [REVOKED]
340:2-3-75 [AMENDED]
Contact:Dawn Leemon, 405-522-2877
A.Brief description of the purpose of the proposed rule:
The proposed amendments to Chapter 2, Subchapter 3 amend the rules to:(1) clarify language regarding evidence; (2) update citations; (3) revoke a Section and move the language to another Section; and (4) delete duplicative language.
Strategic Plan Impact.
The proposed amendments ensure that Office of Client Advocacy (OCA) policy is compliant with the Pinnacle Plan, and Child Welfare Services (CWS) and Developmental Disabilities Services (DDS) rules that pertain to child or vulnerable adult safety.
Substantive changes.
Subchapter 3. Office of Client Advocacy
Part 3. Investigations
Oklahoma Administrative Code (OAC) 340:2-3-34 is amended to add new language.
OAC 340:2-3-36 is amended to update language.
Part 9. Advocacy Programs
OAC 340:2-3-71 is amended to:(1) update citations; (2) add new language; and (3) delete duplicative language.
OAC 340:2-3-72 and 340:2-3-73 are amended to:(1) add new language; and (2) delete duplicative language.
OAC 340:2-3-74 is revoked to delete duplicative language and move the language to 340:2-3-73.
OAC 340:2-3-75 is amended to add new language.
Reasons.
The proposed amendments ensure greater clarity and remove repetitive language.If the amendments are not made, a lack of clarity would continue to exist related to evidence employed in investigations and to the reporting done at the investigation's close.
Repercussions.
If the proposed amendments to OCA rules are not implemented, OCA policy will contain vagueness on small, but significant, policy points and contain significant areas of unnecessary duplication.
Legal authority.
Director of Human Services; O.S. 56 § 162; 10A O.S. § 162; 10A O.S. §§ 1-1-101 et seq.; 43A O.S. §§ 10-102 et seq.; and Section 5101 et seq. of Title 42 of the United States Code.
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons most likely to be affected by the proposed amendments are vulnerable adults receiving services from DDS, children residing in placements above the level of foster care, and foster parents.There is no cost associated with implementation of these amendments.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit by the proposed amendments are vulnerable adults receiving services from DDS, children residing in placements above the level of foster care, and foster parents.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change: There are no fee changes associated with the proposed amendments.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The amendments impact OCA Advocacy Services and investigations of abuse or neglect of children above the level of foster care, as well as vulnerable adults.There are no costs to the Oklahoma Department of Human Services (DHS) or to any other agency in implementing or enforcing the proposed amendments.The probable cost to DHS of printing and distributing the rules is estimated to be less than $100.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed amendments do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are neither less costly, nor non-regulatory methods, nor less intrusive methods to achieve compliance.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:Implementation of the proposed amendments will have a positive impact regarding safety for vulnerable adults receiving services from DDS and children residing in placements above the level of foster care, by ensuring policy is precise and not duplicative.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:Failure to implement the proposed amendments would create inconsistent application of policy regarding child and vulnerable adult safety within DHS, which would have a detrimental impact on public safety.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared May 30, 2017; modified October 27, 2017; December 13, 2017.